tdiu Records Destroyed.

[11bravo]

A year ago I had discovered incorrect dates on my ratings. I went to my dav so with copies of my ratings. He looked on computer it showed my paper records destroyed and incorrect dates down for my ratings of tdiu. 2007 instead of 1995. He advised me to wait until this yr when I had 20 yrs on my rating of tdiu to get it corrected. When I went in jan to see him he told me my records were being scanned onto disc and not to rock the boat as I might get my tdiu taken away. I said wait, I thought my paper records were destroyed over a year ago what is being scanned? Anyway he told me my 70% rating was correct witch was 1993 effective date. But my IU rating was 2007 instead of 1995 which it should be. He also said it showed me being paid at the 100% rate from 1998 instead of 1995. Wanted to know if I had bank statements back to 95 showing deposits which of course I don't. He also said the 2007 date showed something like General Individual Unemployability. I called a dav nso at st Louis, he advised to wait until scanning was done in about a month so all info was there for him to look at.

I have copies of all my ratings, a old champva card of my wifes showing effective date of 1996 and my commissary px card. I thought I would be able to relax after 20 yrs with no worries on being reduced, now my anxiety has worsened over this.

I need adivice on what to do.

Thanks

[11bravo]

Wifes champva card shows effective date 1996.I have paper copies of my life insurance. I talked to a country VA rep on phone without giving my name, I have figured out that my paper records were among the 1800 records destroyed by temp clerks and I believe the VA reconstructed my records and put whatever data in they felt like. Now the are scanning the reconstructed records onto disc. Google Lonnie Halkmon to see article on destroyed records.

[broncovet]

I would respectfully disagree with your VSO's advice. They use this "dont rock the boat"..."keep your mouth shut" stuff all the time, probably because they are too lazy to process your appeal.

You have a clear case to seek an earlier effective date and you need to bring out the big guns to get it, because, 6 figure retros are almost never awarded at the VARO level. It has to be done at one or more appeal levels.

My first question is did you appeal the effective date, within a year? If you did, you may be able to proceed on your own without an attorney.

However, if you did not appeal (timely), then you will need to seek alternatate methods of obtaining an EED.

Most often, VSO's try to tell Vets the only way is by filing a CUE if you are past the 1 year appeal period. This is simply not always true.

If you are doing the claim yourself, then start your research by reading carefully these two, especially the last one:

http://www.purplehea...ease 3.2011.pdf

and

http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

These are "pinned" because they are very credible advice from NVLSP lawyers who know more about VA benefits than anyone..they wrote the VBM, and even Berta asks them questions on occassion.

NOTE: The first place you could start would be 38 cfr 3.156, especially new service records received after a denial. That may just be exactly what you need.

Edited February 6, 2015 by broncovet

[11bravo]

This is not an appeal, this is a case where I found out about a yr ago that my paper records had been destroyed and I'm assuming my records had been reconstructed by the VA with wrong dates. I'm simply trying to get my records corrected because I reached 20 yrs on my rating of IU on Jan 25 2015. The VA has me being awarded IU in 2007 instead of 1995. This also puts me under the 10 date of rating so my wife can't get DIC if I die in the near future. I have copies of all my ratings and other paperwork. My wifes champva card has an effective date of 1996. The VA also has me being paid at the 100% rate since 1998 instead of 1995. The SO told me I needed copies of my Bank statements back to 95 showing me being paid at the 100% rate. My bank only keeps records for the last 7 yrs.

[Berta]

I agree with Lotzaspotz that the CHAMPVA card is good proof.

Has your wife recently received the new CHAMPVA Card?

Mine is the same as the old one but instead of feeling like sort of a thin credit card, it is just some paper cut out on the bottom of the letter .

It says entitlement date as of Nov 1991.

I keep both the old and the new card in my wallet.If VA ever took away your CHAMPVA entitlement , you sure would have know by now, that they also took away the P & T designation.

You could write to the Financial section of your VARO for an audit.

(Then again they made mistakes on an audit they did on me for regional counsel when I filed a new claim in 2003.)

First the RC audit found they owed me 28 thousand,which they sent.

But I checked the audit myself and found they also owed me another addition year of DIC to the tune of 11 thousand.

I wrote to them and the check for that was in the mail. The financial division does make audit errors but they do work faster than other RO entities.

An audit statement and especially the CHAMPVA info might be all you need.

Edited February 7, 2015 by Berta

[11bravo]

Thanks Berta, What address did you write to at your VARO? Exactly what did you say in your letter?

[Buck52]

11Bravo,

Not sure this will work.??

try calling the 1-800 number and ask them if they can send your Complete Award Letter From back in 1995 Awarded you IU,

I don't think there is a difference from just being IU vs TDIU its basicly the same with the exception of T&P and disabilitys is as nature and no furture exams schedule having it as long as you had it I would think your P&T with no future exams schedule/

You don't have your orginal Award letter?

Keep on top of this don't let the VA screw ya bud